Chapter 3.10
DEVELOPMENT IMPACT FEES

Sections:

3.10.01    Purpose.

3.10.02    Inflationary adjustments.

3.10.03    Protest procedures.

3.10.01 Purpose.

The purpose of this chapter is to establish a uniform set of procedures applicable to AB 1600 development impact fees that are adopted pursuant to the authority set forth in Government Code Section 66000 et seq. and the Municipal Code. These procedures are intended to apply to all AB 1600 development impact fees adopted by the City regardless of whether there is an existing similar provision in the applicable chapter or section of the Municipal Code establishing the fee. If there is a conflict between this chapter and an existing similar provision in the applicable chapter or section of the Municipal Code establishing the fee, the provisions of this chapter shall control. (§ 1, Ord. 18-16, eff. August 8, 2018)

3.10.02 Inflationary adjustments.

All development impact fees as defined in this chapter shall be adjusted on an annual basis by one of the following methods:

(a)    Automatically adjusted each fiscal year, effective the first of July, by a percentage equal to the Engineering News-Record Index for the California Cities for the twelve (12) month period ending the prior December (or similar publication).

(b)    Adjusted to reflect actual construction/acquisition costs.

Such increase by one of these methods is not deemed an increase in the amount of the fee subject to the provisions of Section 66000 et seq. of the California Government Code, but shall be subject to City Council review and approval by resolution. (§ 1, Ord. 18-16, eff. August 8, 2018)

3.10.03 Protest procedures.

An owner/developer may protest the imposition of fees, dedications, reservations, or other exactions on a development project imposed pursuant to the authority set forth in Government Code Section 66000 et seq. and the Municipal Code, in accordance with Government Code Sections 66020 and 66021, by following the procedures for protesting fees adopted by resolution of the City Council. (§ 1, Ord. 18-16, eff. August 8, 2018)